These regulations, including the zoning map, may be amended by the city council of the City of Darien and thereof on their own motion, on petition or on recommendation of the planning and zoning commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall submit its report within 30 days after receiving an amendment proposal for review, otherwise said amendment shall be deemed denied by the planning commission. The planning commission may extend its time to report by up to 60 additional days in 30-day increments by vote of the planning commission if it seeks additional information or in the case of amendment proposals for a planned unit development or other proposal that involves complicated issues of fact or law. Before enacting an amendment to these regulations, the governing authority shall give public notice and hold a public hearing thereon as set forth in this section.

(Code 1998, § 20-2101; Ord. of 3-20-2007, § 20-2101; Ord. of 7-19-2007(2), § 20-2101)

1.

General. Applications for amendment of these regulations may be in the form of proposals for amendment of the text of these regulations or proposals for amendment of the zoning map. Applications for amendment shall be submitted to the city council of Darien.

2.

Signature of applicant required. All applications shall be signed by the applicant and shall state his name and address. When a change in the zoning classification of a piece of property is requested, the applicant shall be only the owner of such property or his authorized agent.

3.

Application for text amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

4.

Application for map amendment. An application for a map amendment shall include the following information:

a.

The community or area in which is located the land proposed to be reclassified and the street number, lot numbers, the location with respect to the nearby public roads in common use;

b.

A suitable description of the land which may be by a plat of the land in question, or by a description by metes and bounds, or by the lot, block and subdivision designations with appropriate plat reference or by other suitable description;

c.

The present zoning classification and the classification proposed for such land;

d.

The name and address of the owners of the land;

e.

The area of the land proposed to be reclassified stated in square feet if less than one acre, and in acres if one acre or more;

f.

The county tax map reference number.

(Code 1998, § 20-2102)

1.

Erection of sign. Within three days after acceptance for filing of an application for a map amendment, the applicant shall erect a sign, to be furnished by the building inspector, on the land proposed to be reclassified. Such sign shall be erected by the applicant within ten feet of whatever boundary line of such land abuts the most traveled public road if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by public. The lower edge of the sign face shall be not less than two and one half feet above the ground. The sign furnished by the building inspector shall be of metal or other durable material, shall have a minimum size of 18 by 18 inches, shall show the application number, the present zone classification, the proposed zoning classifications, the scheduled date, time and place of public hearing and the telephone number to call for further information. If the land sought to be reclassified lies within more than one block as shown on a plat recorded in the land records of the County, then a sign shall be erected by the applicant on the land in each such block.

2.

Deposit. No sign shall be furnished by the building inspector unless the applicant shall pay a fee of $1.00 and shall deposit the sum of $10.00 to be applied to the cost of said sign. On the return of the sign to the building inspector by the applicant as hereinafter provided there shall be repaid to the applicant the amount of said deposit.

3.

Removal of sign. Any such sign shall be maintained at all times by the applicant until a decision on the application has been made public by the governing authority. The sign shall be returned to the building inspector within five days thereafter.

(Code 1998, § 20-2103)

After acceptance of application for an amendment, the city council of the City of Darien shall transmit of copy thereof to the planning and zoning commission which shall submit its findings to the city council of the City of Darien within 30 days from the date it received the petition. If the planning and zoning commission fails to submit a report within 30 days, it shall be deemed to have denied the requested change or departure. The planning commission may extend its time to report by up to 60 additional days in 30-day increments by vote of the planning commission if it seeks additional information or in the case of amendment proposals for a planned unit development or other proposal that involves complicated issues of fact or law. The planning and zoning commission shall consider each proposal for amendment and as a basis for its recommendations shall report on the following matters, among others, as appropriate to the circumstances of the case.

1.

Compatibility with comprehensive development plans; timing of development. The planning and zoning commission shall examine the proposal to determine whether it is in accord with comprehensive development plans. In its findings in this regard, it may report that the proposal is compatible or incompatible, or that while the change is in accord with those of longer range it would be premature in the light of the comprehensive development plans. The planning and zoning commission shall not recommend any change not in accord with adopted comprehensive development plans but may, where it sees fit, recommend changes in such plans, following which, if such change in plans are officially adopted, the zoning change may be reconsidered without prejudice and without a new application if an application is involved.

2.

Availability of and effect on public facilities and services; referrals to other agencies. The planning and zoning commission shall consider and report on the availability of public facilities and services and the effect the proposed change would have on demands for public facilities and services in the area in which the change is proposed or generally. Such facilities and services include but are not limited to water supply, sewerage, drainage, transportation, schools, fire and police protection, and solid waste collection and disposal.

3.

Availability of other land suitable for proposed use; effect on balance of land uses. The planning and zoning commission may consider the availability of other appropriate land already zoned for the proposed use, generally and in the area of the proposed change.

The planning and zoning commission may also consider whether generally, or in the area of the proposed change, the change would have adverse environmental effects on the balance of land uses by removing land from a category for which it is suited and for which there is a greater public need to a category for which the public need is lesser.

4.

Effect on character of the neighborhood. The planning and zoning commission shall consider the effect of uses permitted under the proposed change on the surrounding neighborhood and shall report any substantial adverse influences on desirable living conditions or sustained stability, or any tendencies toward blight and depreciation likely to result from the change.

5.

Suitability of proposed uses. The planning and zoning commission shall consider whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.

6.

Effect on adjacent property. The planning and zoning commission shall consider whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.

7.

Economic use of current zoning. The planning and zoning commission shall consider whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.

8.

Other conditions. The planning and zoning commission shall consider whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(Code 1998, § 20-2104; Ord. of 3-20-2007, § 20-2104; Ord. of 7-19-2007(2), § 20-2104)

1.

All amendments to the City of Darien zoning ordinance not initiated by the City of Darien city council requires a minimum of one public hearing. Additional public hearings may be held, if deemed appropriate by the local governing authority.

2.

Prior to scheduling the required hearing, applicants shall first complete all submission requirements contained in the City of Darien zoning ordinance (e.g., forms, fees, deeds, maps, etc.)

3.

The City of Darien Planning and Zoning Commission shall then notify the applicant of the date, time, and place of the required public hearings.

4.

At least 15, but not more than 45 days prior to the scheduled public hearing, the City of Darien Planning and Zoning Commission shall publish in the newspaper of general circulation, notice of the date, time, place, and purpose of the public hearing.

5.

If a zoning amendment is for the rezoning of property, then the public notice shall also include:

a.

The location of the property;

b.

The present zoning classification of the property; and

c.

The proposed zoning of the property.

6.

Not less than 15 days prior to the date of the public hearing, the City of Darien Planning and Zoning Commission shall post in a conspicuous location on the property in question a sign which shall contain information regarding the proposed rezoning—specifically, the date, time, place, and purpose of the public hearing.

7.

No official action shall be taken on the proposed amendment by the City of Darien until after at least one public hearing has been conducted.

(Code 1998, § 20-2105)

1.

All public hearings on zoning amendments shall be chaired by either the chairman of the planning and zoning commission or the city council chairman or their designees.

2.

A secretary shall record the proceedings of the public hearing. If requested by any party, verbatim transcripts of the public hearing can be prepared, only if requested and purchased in advance by the requesting party.

3.

The record of public hearing and all evidence submitted at the public hearing shall be recorded as such and become a permanent part of the particular zoning amendment's file.

4.

The official zoning map and the City of Darien Comprehensive Plan shall be available at the public hearing for reference by the planning and zoning commission.

5.

Copies of sections 20-1804 and 20-1805 of this ordinance shall be available for distribution to the public at each public hearing.

6.

The planning and zoning commission chairman or city council chairman (mayor) shall preside at the public hearing and shall identify speakers, maintain order, and conduct the public hearing.

7.

The process to be followed in conducting these hearings shall be as follows:

a.

The presiding officer shall open the hearing by stating the specific zoning amendment being considered at the public hearing.

b.

When there are a large number of individuals wishing to testify at a hearing, the presiding officer may invoke time limits on individual speakers. In such cases, these time limits shall apply to all speakers.

c.

The presiding officer shall recognize the individual parties wishing to testify or present evidence and allow them to present this information.

d.

Once all parties have concluded their testimony the presiding officer shall adjourn the public hearing.

(Code 1998, § 20-2106)

1.

Any government official, as defined in Georgia Law, Chapter 67A, who has a financial interest in any real property affected by a rezoning or has a member of the family with such an interest, shall immediately disclose the nature and extent of such interest as required by [O.C.G.A. § 36-67-A].

2.

Applicants for rezoning shall file concurrent with the rezoning application, a Disclosure Report listing all campaign contributions or gifts made to local government officials of McIntosh County within the two years preceding the filing of the application.

3.

Opponents of zoning actions, who have made campaign contributions, as defined in 36-67-A shall file a disclosure statement at least five calendar days prior to the first public hearing. This disclosure statement shall list the local government officials to whom campaign contributions were made totaling over $250.00 each during the previous two years.

(Code 1998, § 20-2107)